ORCID Profile
0000-0001-5203-7110
Current Organisation
University of Bielefeld
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Industrial Relations | Economic Geography | Business and Management
Publisher: Elsevier BV
Date: 05-2013
Publisher: Project MUSE
Date: 2020
Publisher: Cambridge University Press (CUP)
Date: 25-02-2022
DOI: 10.1017/TRN.2022.1
Abstract: Employment relations systems generally fail to enforce all legal rights of migrant workers. This article illustrates a broader approach to the way labour migration is regulated in practice, using the ex le of migrant domestic workers in Hong Kong. Political economists have shown that the reality of low-wage migration is either ‘more rights, less access’ or ‘fewer rights, greater access’ in terms of rights enforcement systems. Attention to the effectiveness of such mechanisms and processes reveals another feature of regulation: the ergence of theory from practice. Much scholarly attention has been paid to rights, and this analysis, in which enforcement of those rights is sought, contributes to the literature with a frequently-occurring ex le of how such regulatory practices effectively restrict migrant rights. The article concludes by arguing that regulation uses employers as a further ‘mechanism of control’ to determine the actual quantity and quality of migrant workers’ employment rights regardless of what is stipulated in the law.
Publisher: Informa UK Limited
Date: 03-08-2022
Publisher: Wiley
Date: 14-08-2017
DOI: 10.1111/IMIG.12376
Publisher: Informa UK Limited
Date: 14-12-2022
Publisher: SAGE Publications
Date: 09-2017
Abstract: This article looks at a case of a juvenile transporter, who ferried asylum seekers from Indonesia to Australia on several occasions, but was arrested and sentenced for his involvement on the last attempt. The reasons for exploring this case in detail are twofold. First, the use of Indonesian child labor in migrant smuggling operations is a prevalent practice. Evidence of this is particularly obvious in the large number of Indonesian children imprisoned or otherwise detained in Australia for their involvement in migrant smuggling. Second, we consider how these people fit into the smuggling-trafficking nexus before discussing the concepts of “victim” and “perpetrator” in a case where justice officials do not agree whether a juvenile transporter should be treated as an active perpetrator, and therefore punishable for migrant smuggling, or whether to treat him as a passive victim of trafficking who was deceived into carrying out the crime.
Publisher: Informa UK Limited
Date: 30-01-2020
Publisher: Informa UK Limited
Date: 28-03-2023
Publisher: SAGE Publications
Date: 03-2020
Publisher: Routledge
Date: 27-04-2012
Publisher: Cambridge University Press (CUP)
Date: 11-05-2020
DOI: 10.1017/ASJCL.2020.5
Abstract: This article examines the legal and political context for prosecuting corporate crime in Indonesia. It presents a case study of the landmark case in which a migrant labour recruitment agency was successfully prosecuted for human trafficking. This article explains the rationale and motivation of the prosecution in four sections. First, it considers the development and purpose of corporate liability as a legal concept to foreground the second section, which outlines the legal and policy framework for pursuing corporations that commit crime in Indonesia. This section also offers a detailed discussion about how in iduals have been proceeded against in human trafficking cases that involve corporations. Third, this article presents a case study of the first and only instance where a corporation was successfully prosecuted for human trafficking to highlight the sequence of events that made the effort possible. Fourth, the discussion that follows identifies the prosecution's motivations for bringing the case, and makes empirical conclusions about the purpose of prosecuting corporations for human trafficking through the Indonesian legal system. In conclusion, this article argues that the institutional drive to punish corporate involvement in economic crime has created the necessary systems to seek the punishment of a wider range of other corporate crimes, including human trafficking.
Publisher: Informa UK Limited
Date: 08-10-2018
Publisher: SAGE Publications
Date: 10-08-2016
Publisher: Pacific Affairs
Date: 03-2022
DOI: 10.5509/202295175
Abstract: Scholars have devoted insufficient attention to Indonesia's foreign policy on migrant worker protection, especially as mobilized in multilateral institutions. This article addresses such knowledge gaps by analyzing why Indonesia has, for almost two decades, persistently promoted the United Nations Migrant Worker Convention in the Association of Southeast Asian Nations (ASEAN) despite constant pushback from migrant-receiving countries. It argues that Indonesia's persistence is driven by its locally constituted meaning of migrant worker rights. In particular, this article advances the critical norms approach in international relations to demonstrate that its interpretation is influenced by "Indonesia's normative baggage," or past experiences with labour migration that have too frequently dealt with the exploitation of Indonesian citizens abroad. This normative baggage in turn shapes the country's diplomacy and promotion of convention standards deemed appropriate for safeguarding Indonesian migrants in ASEAN. In presenting the argument, this article contributes to the study of labour migration by scrutinizing Indonesia's foreign policy on migrant protection and unpacking norm interpretation processes that are necessary in international negotiations.
Publisher: SAGE Publications
Date: 03-0021
Publisher: Cambridge University Press (CUP)
Date: 26-02-2018
DOI: 10.1017/ALS.2018.7
Abstract: The general, but false, perception of migrant smuggling through Indonesia, a large, archipelagic country, is that smugglers operate entirely on their own. In fact, the more complex smuggling operations rely on broad networks of foreign organizers as well as local intermediaries and ground staff. In 2011, the Indonesian legislature introduced a severe minimum sentence for any involvement in migrant smuggling with the expectation that the judiciary would apply the sentence in all future cases. However, some judges proceeded to hand down sentences below the statutory minimum, arguing that the punishment is not commensurate to the relatively minor roles played by locals. This article examines how judges at all levels of the judiciary did so in ten related cases. In conclusion, it argues that statutory sentences are not mandatory in Indonesia and that, by applying below-minimum sentences, judges not only maintain judicial independence they also effectively exercise a judicial review function.
Publisher: Springer Science and Business Media LLC
Date: 04-06-2019
Start Date: 2022
End Date: 2024
Funder: Australian Research Council
View Funded ActivityStart Date: 08-2022
End Date: 07-2025
Amount: $255,000.00
Funder: Australian Research Council
View Funded Activity